BMW hit-and-run case: Accused Mihir Shah had utter disregard for human life, says Bombay High Court refusing his release

Mumbai: Mihir Shah, the main accused in the BMW hit-and-run case, had utter disregard for human life and was aware of the consequences of his action, the Bombay High Court has said while refusing to release him.

The court has held that 24-year-old Shah, the son of a former Shiv Sena leader, was driving the high-end car at the time of the accident, which left a woman dead and her husband injured, and it was corroborated by CCTV footage.

The HC had on November 25 dismissed the petitions filed by Shah and his driver Rajrishi Bidawat who had claimed that they had been illegally arrested and sought immediate release. Police say Shah was drunk at the time of the accident.

As per their pleas, police violated the law by taking them into custody without informing the two about the grounds of their arrest.

In its detailed order made available on Wednesday, the court said it was aware of the mandatory provision in law to inform a person of the grounds of arrest but was making an exception in this case as the accused persons were aware of the consequences of their gruesome act.

“We are of the firm view that in a serious offence of this nature, when the presence of both the petitioners is established in the offending car which is responsible for the mishap, they cannot take the benefit that the grounds of arrest are not communicated to them in writing,” the court said.

“While being focused upon the rights of the accused, we, in the present case, also cannot lose sight of the victim,” HC said.

The division bench of Justices Bharati Dangre and Manjusha Deshpande noted that the day of the accident was the “tormentous and unfortunate day for Pradeep Liladhar Nakhwa (victim’s husband)”, and said it was aware of the despair he was going through.

“For too long, the victims of crimes have been the forgotten persons in a criminal justice system. Crime is not a problem of the victim, since the victim did not create it,” it said.

The bench said while it was aware of the rights of an accused, the rights of the victim must also be prioritised.

It said the petitioners, in utter disregard for human lives and humanitarian conduct, mowed down the woman and ruthlessly drove the vehicle with her body entangled between the bonnet and wheels.

“Having no regard to human life, the petitioners are alleged to have fled away from the spot and not only this, the petitioner Mihir Shah went absconding and was required to be arrested after two days,” HC said.

“We must record that both the petitioners are conscious of their serious act of hitting the moped driven by the complainant, by the BMW car which was being driven by Mihir Shah with Rajrishi sitting next to the driving seat and the car being driven in a rash and negligent manner, with Mihir having consumed alcohol, when the mishap occurred,” the court said.

Instead of helping the victims, the accused persons chose to drive the vehicle continuing its high speed till it broke down, it added.

The court noted that Mihir Shah had also attempted to flee as he apprehended arrest.

“We are of the clear opinion that since the grounds of arrest in a situation like this, which are well within the knowledge of the offenders, they shall not be permitted to take advantage on the account that the ‘grounds of arrest’ are not communicated in writing," HC said.

The bench held that sufficient evidence was available on the very first day of the incident in the form of CCTV footage and the statement of witnesses including the complainant himself, who gave the number of the offending car.

The bench said it is clearly seen in the CCTV footage submitted by the prosecution that Mihir Shah was driving the car.

“In one CCTV footage from the toll (booth) at Worli sea link, it is the young boy, who was seen in the driving seat and the white colour car is seen to be damaged at the front end,” HC said.

At the landing of the sea link, the person driving the car again exchanged his seat with the person who was sitting on the next seat, HC said.

The duo had sought their release claiming any further detention would be in utter violation of the constitutional mandate and a failure to comply with Section 50 of the Code of Criminal Procedure.

Under this section, police while arresting a person have to communicate to him or her full particulars of the offence for which he or she is being arrested or other grounds for such arrest.

Shah was arrested on July 9, two days after he allegedly rammed his BMW car into a two-wheeler in Mumbai’s Worli area, killing 45-year-old Kaveri Nakhwa and leaving her husband Pradeep injured.

His driver Bidawat, who was also present in the car at the time of the accident, was arrested on the day of the alleged accident. Both are presently in judicial custody.

In their habeas corpus (produce the person) petitions filed in HC in August, Shah and Bidawat claimed their detention was illegal and that they must be released immediately.

In his plea, Shah had sought the quashing of the orders passed by a local court remanding him in first police custody and then judicial custody.

Shah had sought that his arrest be declared illegal.

He is accused of speeding off towards the Bandra Worli Sea Link after the accident even as the woman remained on the bonnet of the car and then got entangled in its wheels for more than 1.5 kilometres.

Shah, his father and former Shiv Sena leader Rajesh Shah and their driver Bidawat were arrested in the case. While Rajesh Shah was granted bail, Mihir Shah and Bidawat did not get the relief.